Legal Question in Family Law in Texas

Back child support when no decree was made?

My wife cheated on me shortly after having our son leaving me home to watch him while she would stay out all night, she came home and moved all her stuff out and took our son with her and moved back to her parents house in February. She filed for divorce in October and is now asking for ''back child support''. Can she do this? There is/was no child support order, and to my knowledge Texas is not a ''seperation state'' (there is no legal seperation). Do I have to pay this? How should I contest it? Is there a law or precidence I can point to?


Asked on 12/17/01, 4:40 pm

1 Answer from Attorneys
Darren Schraeder Schraeder Law Office

Re: Back child support when no decree was made?

Thank you for your question. Texas Family Code Section 154.009 states that the Court can order retroactive support if you (a) had not previously been ordered to pay support and (b) were not a party to a suit where support was ordered. So the law is clear that you can be ordered to pay back support. I think this would be unlikely, though, based on your timeline. Retroactive support would be more appropriate where the parties have been separated for a long time. A Court would be well within its discretion to order the support but I have not seen it in Divorce cases. Retroactive support is common in paternity cases. I would need more facts to assess your case any further. You should always have counsel any time you are sued. Time and time again parties who represent themselves lose because they don't know how to apply the law and follow court procedures. Please call me today if your case is in Dallas, Denton, Tarrant, or Collin Counties. My consultation is free. (972) 481-7990.

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Answered on 12/17/01, 8:55 pm


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